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2013 (5) TMI 744 - AT - Income TaxAddition on account of unrealized sales - Held that - Facts of the case of the year under appeal are identical to that in AY 2005-06 wherein AO has passed a very cryptic orders without giving any finding on the accounting treatment followed by assessee. He has also not examined the assessee s contention that the amount was in the nature of retention money. Thus following the earlier decision of Co- ordinate Bench the issue be directed to the file of CIT(A) to pass a speaking order - assessee s appeal allowed for statistical purposes. Disallowance of interest and administrative expenses made u/s. 14A - Held that - To work out the disallowance by following Rule 8D Godrej Boyce (2010 (8) TMI 77 - BOMBAY HIGH COURT is to be relyed wherein held that Rule 8D cannot be applied retrospectively i.e., prior to assessment year 2008-09 -remit the issue back to the file of Assessing Officer to work out the disallowance u/s. 14A of the Act in line with the direction of the judgment above - assessee s appeal allowed for statistical purposes.
Issues Involved:
1. Addition of Rs. 43,27,787/- on account of unrealized sales. 2. Disallowance of Rs. 38,95,570/- being interest and Rs. 1,00,000/- being administrative expenses under Section 14A of the Income Tax Act. Issue-Wise Detailed Analysis: 1. Addition of Rs. 43,27,787/- on Account of Unrealized Sales: During the assessment proceedings, the Assessing Officer (AO) noted that the assessee had not included a sum of Rs. 43,27,787/- in the sales for the relevant period. The AO added this amount to the income of the assessee, following a similar issue in the assessee's own case for AY 2005-06. The Commissioner of Income-tax (Appeals) [CIT(A)] upheld this addition, noting that the facts were similar to those in AY 2005-06, where the addition was confirmed. The CIT(A) emphasized that the assessee was following a mercantile system of accounting and should account for the entire amount of sales for which bills were raised during the relevant period. The CIT(A) dismissed the assessee's claim that there was no loss to revenue due to the method adopted. The Tribunal noted that the AO's order was cryptic and lacked a detailed analysis of the accounting treatment followed by the assessee. The Tribunal referred to its earlier decision for AY 2005-06, where the matter was remitted to the CIT(A) to pass a speaking order. Following this precedent, the Tribunal directed the CIT(A) to pass a speaking order after providing a reasonable opportunity of being heard to both sides. This ground of the assessee's appeal was allowed for statistical purposes. 2. Disallowance under Section 14A: The AO noted that the assessee had investments amounting to Rs. 18,19,28,050/- and questioned whether any interest-bearing funds were diverted for these investments. The assessee claimed no interest-bearing funds were used for non-business purposes but did not substantiate this with a day-to-day fund flow statement. The AO disallowed proportionate interest of Rs. 38,95,570/- and an additional Rs. 1,00,000/- for administrative expenses under Section 14A. The CIT(A) agreed with the AO's action but noted that the AO had not followed the guidelines in Rule 8D of the IT Rules, 1962. The CIT(A) directed the AO to work out the disallowance as per Rule 8D. The Tribunal noted that the Bombay High Court in Godrej & Boyee Mfg. Co. Ltd. v. DCIT held that Rule 8D is applicable from AY 2008-09 onwards and disallowance should be made on a reasonable basis for earlier years. The Tribunal remitted the issue back to the AO to work out the disallowance in line with the Bombay High Court's directions, providing a reasonable opportunity for the assessee to be heard. This ground of the assessee's appeal was also allowed for statistical purposes. General Ground: The assessee's next ground was general in nature and did not require adjudication. Conclusion: The appeal was allowed for statistical purposes, with directions for the CIT(A) to pass a speaking order on the addition of unrealized sales and for the AO to rework the disallowance under Section 14A in line with judicial precedents.
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